Document Rjgabr7n7p0kZE3Mgy5erz2bE
TO: Transportation Contacts
* -
FROM: DATE:
Interoffice Communication sUBJ:
T. G. Grumbles July 11, 1986
PLACARDING REQUIREMENTS: EMPTY COMBUSTIBLE RAILCARS
VISIT'
The enclosed Federal Register contains new DOT definitions and requirements for empty railcars, and establishes the compliance date for the MemptyM designation on shipping papers and placards. The empty to residue change must be made by October 1 of this year.
Most important is the discussion regarding the requirement and specifications for residue placards and shipping paper designations for empty cars last containing a combustible (page 23077 of the attachment). Both are required for empty combustible cars. This is different than our (and the major of the rail industry's) current practice. Specifications for the combustible empty placard are on page 23079 of the attachment.
Based on the above, you should immediately contact your placard suppliers to obtain combustible placards with the appropriate empty designation. I will work with COEDS personnel to assure the empty instructions are printed on return BOL's.
Please call if you have questions.
Thomas G. Grumbles
ajo/9
Attachment
cc Plant Managers i J. J. Hall
G. G. Draper S. F. Pitts W. S. Tuzinkiewicz P. T. Hitchcock
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Federal Register / Vol. 51, No. 122 / Wednesday, June 25. 1986 / Rules and Regulations 23075
Administrative Notices
A. Executive Order 12291
The RSPA has determined that the effect of this final rule will not meet the criteria specified in section 1(b) of
Executive Order 12291 and is. therefore, not a major rule, This is not a significant
rule under DOT regulatory procedures
(44 FR 11034} and requires neither a
Regulatory Impact Analysis nor an environmental impact statement under
the National Environmental Policy Act (49 U.S.C. 4321 et seq.). The original
I I
regulatory evaluation is available for ]
review in the Docket.
*
B. Impact on Small Entities
Based on limited information concerning the size and number of entities likely to be affected. I certify that this final rule will not. as promulgated, have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 49 CFR Part 171
Exports, Hazardous materials transportation. Imports, Incorporation by reference.
In consideration of the foregoing, 49 CFR Part 171 is amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS AND DEFINITIONS
1. The authority citation for Part 171 ' continues to read as follows:
Authority: 49 U.S.C. 1803.1804.1808; 49 CFR 1.53. unless otherwise noted.
2. Paragraph (c) of 171.12a Is revised to read as follows:
171.12a Canadian shipments and packagings. * ** *
(c) Notwithstanding the requirements of Part 172 of this subchapter, a hazardous material included in Division 3 or 4 of Class 2 of the TDG Regulations may be transported from its point of origin in the United States to Canada, or through the United States en route to a point in Canada, if--
(1) The package is marked with the proper shipping name and identification number, and the freight container is marked, when appropriate, with the identification number, as required by the TDG Regulations;
(2) The package is labeled, and the freight container, motor vehicle or rail car is placarded, as required by the TDG Regulations: and,
(3) The shipping paper contains an indication that these markings, labels and placards have been applied in
conformance with this paragraph for the purpose of transport to Canada. * ****
Issued in Washington. DC on June 17.1986 under authority delegated in 49 CFR Part 1, Appendix A.
M. Cynthia Douglass, Administrator, Research and Special Programs Administration.
[FR Doc 86-14277 Filed 8-24-86; 8:45 am)
BILLING COOE 4S10-CO-M
49 CFR Parts 171,172 and 174
[Docket No. HM-180, Arndt. Nos. 171-88 172-104 and 174-601
Placarding of Tank Cars Which Contain Hazardous Material Residue; Disposition of Petitions for Reconsideration
AGENCY; Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; disposition of petitions for reconsideration.
SUMMARY: This final rule amends the Department's Hazardous Materials Regulations (HMR) by changing the definition of "residue" which was promulgated in a final rule under Docket HM-180 on September 26.1985 [50 FR 39005J. Other changes are also being made to the final rule of HM-180 and the HMR for clarification and to promote compliance. The amendments contained in this rule serve as RSPA's response to eight petitions for reconsideration which were filed as a result of the HM-180 final rule.
EFFECTIVE date: October 1.1986. However, compliance with the regulations as amended herein is authorized immediately. FOR FURTHER INFORMATION CONTACT Lee Jackson, Standards Division, Office of Hazardous Materials Transportation, Department of Transportation, 400 Seventh Street, SW-, Washington, DC 20590. Telephone (202) 755-4990. SUPPLEMENTARY INFORMATION:
I. Background
On March 17,1986, RSPA published a notice of proposed rulemaking pertaining to disposition of petitions for reconsideration [51 FR 9079). This notice was prepared in response to eight petitions for reconsideration which were filed as a result of a final rule issued under Docket HM-180 that was published on September 26,1985 [50 FR 39005). That final rule amended by the HMR by changing the placarding and shipping paper requirements for "empty" tank cars which contain residues of hazardous materials. Under
the final rule of Docket HM-180. a quantitative definition of what constitutes a residue was adopted.
Further, the applicable regulations in Parts 172 and 174 were also revised to reflect other amendments which were
made in that final rule. In the March 17,1986 notice, RSPA
proposed to redefine "residue" by
restricting the applicability of the definition to liquids and expanding the quantitative limitation from 3% to 4% with a measurement tolerance of plus or
minus one percent. RSPA believed that by raising the percentage of residue which may remain in a tank car and
providing a tolerance of plus or minus one percent, shippers should have less difficulty in complying with the rule, RSPA also believed that adopting a quantitative limitation was important in order to make the rule effective. RSPA
invited the public to submit comments concerning the expanded "residue" definition. RSPA requested that comments, as a minimum, address the maximum amount of residue which can safely remain in a tank car placarded with the RESIDUE placard.
In addition to requesting comments regarding the definition of "residue", RSPA stated in the notice that some of
the comments received from the petitioners pointed out how inconsistent it was to require tank cars which contain combustible liquid residue to remain placarded as full loads. Currently, tank cars which contain residue of hazardous material must display the appropriate RESIDUE placards unless (1) the tank car contains
the residue of a combustible liquid, or (2) the tank car is reloaded with a nonhazardous material, or (3) the tank car is sufficiently cleaned of residue and purged of vapor to remove any potential hazard. Tank cars which contain residue of a combustible liquid must continue to display COMBUSTIBLE placards, In view of the comments received by the petitioners and to promote consistency in the regulations, RSPA proposed in the notice to require the use of RESIDUE placards on those tank cars which contain combustible liquid residue.
RSPA also proposed to amend 174.93 so that tank cars containing combustible liquid residue would be excepted from the train placement requirements.
RSPA proposed to revise paragraph
(c) of 172.334 to prohibit the display of
identification numbers on subsidiary placards such as the POISON placard required by 172,505. Commenters were also asked to address the placarding
requirements for tank cars that carry residues of hazardous materials which meet the criteria specified in the new
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23076 Federal Register / Vol. 51, No. 122 / Wednesday, June 25, 1986 / Rules and Regulations
173.3a pertaining to inhalation toxicity. * s of May 1, 1986. tank cars loaded with
.zardous materials which exhibit that criteria must display the POISON placards required by 172.505 as well as the primary placards required by 172.504. When unloaded, all tank cars containing residues, except explosives, poison gas, or radioactive material, must have all placards, including the POISON placards required by 172.505, reversed or changed, as appropriate, to RESIDUE placards. RSPA requested comments and suggestions on alternate or preferred placarding methods that could be employed when placarding tank cars that contain a residue of materials which exhibit inhalation toxicity. RSPA also proposed to make other changes to the regulations for clarification and consistency.
II. Response to Comments Made to the Notice
RSPA received twenty four comments to the NPRM. Comments were received from various chemical companies, several oil companies, two railroads and their association and the Hazardous Materials Advisory Council. A large number of these commenters were opposed to RSPA adopting a quantitative definition for "residue". In
'dition to these comments, a few of the .nmenters urged RSPA to develop a separate and distinct placard for those materials which exhibit inhalation toxicity. Several commenters stated that the size of the word "RESIDUE" on the RESIDUE placard was too large and was obscured by the placard holder. Based on the regulatory changes which were being made in the rule, commenters requested a one year extension of the mandatory compliance date of October 1,1986. Discussion of these points as well as RSPA response to each of these comments follows.
Definition of Residue
RSPA proposed on March 17,1988, (51 FR 9079] to redefine "residue". RSPA expanded the quantitative limitation in the definition contained in the final rule from 3% to 4%, allowing a tolerance of 1%. Our intent was to provide shippers greater flexibility in complying with the rule. Although RSPA recognized that it would be difficult to accurately determine exactly the amount of residue which remains in a
tank car after unloading. RSPA believed that safety would be enhanced by adopting a quantitative definition. At the very least, emergency responders
uld have a benchmark on which to je their decisions, should an incident occur that involved a tank car which
contained only the residue of a
RSPA believes that imposing a special
hazardous material.
placard placement requirement may be
The majority of comments RSPA
necessary if problems are encountered
received stated that there was no need for a quantitative definition for
discriminating between the primary and subsidiary placard, however, RSPA
"residue". Commenters stated that aside questions the need at this time to
from it being difficult to determine
establish such a system. We have not
exactly how much residue remains in an been made aware of any problems or
unloaded tank car, firefighters would
incidents that have taken place which
follow the 9ame procedures regardless
can be attributed to confusion occurring
of the amount of residue in a tank car.
between the placement of the primary
One commenter stated that it is too -- . - ^nd subsidiary hazard placards.
difficult to establish a volumetric
Therefore, RSPA is not imposing any
dividing line between "full" and
additional placement requirements on
"residue" for safety purposes, because
primary and subsidiary placards in this
the hazard posed by a given material
'rule.
varies both by the hazard class of the material and the quantity of material present. A few commenters also suggested that RSPA eliminate the plus or minus allowance from the definition of "residue" because there was no need for the definition to contain such an allowance.
Based on the comments received
concerning the definition of "residue" and recognizing the difficulty in determining the exact amount of residue which remains in a tank car once it is unloaded, RSPA has decided to adopt the definition for "residue" which was proposed in the comments submitted by
E.I. du Pont de Nemours. The new definition does not quantitatively specify the amount of residue which may remain in a tank car which displays the RESIDUE placard. The new definition for "residue" states that "Residue means the hazardous material remaining in a packaging, including a
tank car, after its contents have been unloaded to the maximum extent practicable and before the packaging is either refilled or cleaned of hazardous material and purged to remove any hazardous vapors".
Placarding Materials Which Exhibit a Poison-Inhalation Hazard
For those materials which exhibit a Poison-inhalation hazard ( 173.3a), several commenters suggested that RSPA develop a separate and distinct placard or marking which accurately communicates to the public that such a hazard is present. It was stated that
while training and education of emergency response personnel is helpful, there will still be confusion under the current system as to whether or not a material exhibits an inhalation hazard. This is essentially true for materials in tank cars which satisfy the definition for a Poison B and also exhibit a Poison-inhalation hazard. Under HM-196, duplication of POISON placards is not required. Therefore, use of the primary POISON placard satisfies the subsidiary placarding requirement of
S 172.505. Commenters pointed out that
unless there is a method developed to
easily identify those materials which exhibit a Poison-inhalation hazard, especially when Poison B materials are present, the emergency responders will have no way of knowing if a material presents a Poison-inhalation hazard.
Special Placement Requirements for
RSPA acknowledges that
Placards
establishment of a separate or distinct
Three commenters proposed that RSPA establish special placement requirements for placards, i.e. standardizing the location of the primary and subsidiary placards. Commenters stated that such a system is necessary because of the multiple placarding requirements of HM-196 and the new Canadian regulations which require the use of multiple placards for certain commodities. It was felt that with these new requirements,
placard or marking for materials which exhibit an inhalation hazard may be necessary, however. RSPA believes that establishment of such a placard is beyond the scope of this rulemaking. Further, in developing a new, distinct placard for materials which exhibit an inhalation hazard, a consideration must be given to the format of labels as well as the potential for conflict with existing international requirements. For these
reasons, RSPA believes that it would be
emergency response efforts may be hampered by confusion between the
inappropriate to establish such a placard in this rulemaking.
primary and secondary hazards. Therefore, it was suggested by these commenters that the primary hazard
Lettering Size of the Word RESIDUE" on the Placard
placard always be displayed to the left
RSPA received three comments which
of any required subsidiary placard.
' stated that the size of the lettering of the
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Federal Register / Vol. 51, No. 122 / Wednesday. June 25. 1986 / Rules and Regulations 23077
word "RESIDUE" on the placard should be changed in 1 inch rather than IV2 inches because the word "RESIDUE"
was obscured by the placard holder. RSPA agrees with these commenters. RSPA never intended for the word
"RESIDUE" to be partially underneath the lower cross bar of the placard holder. This Ls why both 172.525 and Appendix B to Part 172 only require the letters to be "approximately" 1V2 inches (40mm) high. Further, since the RESIDUE placard is the only placard which has lettering in the lower triangle of the placard. RSPA did not believe that the RESIDUE placard could be
confused with any other placard. Nevertheless, in view of the comments RSPA received on this point, and to ensure by that the word "RESIDUE" appears on the placard clearly and unobscured by the placard holder, RSPA is changing the size of the lettering for the word "RESIDUE" to 1 inch.
RSPA realizes that since the use of
RESIDUE placards with lVfe inch lettering has been authorized since November 1,1985, there may be stocks of these placards on hand. Therefore, RSPA is authorizing the use of RESIDUE placards that have 1V2 inch lettering until July 1,1987. On that date, the use of RESIDUE placards with 1 inch lettering will be mandatory.
Combustible Residue Placard
In the notice, RSPA proposed to require the use of RESIDUE placards on tank cars which contain residues of combustible liquids. Two commenters suggested that if a COMBUSTIBLE RESIDUE placard is required, it should be different from the other RESIDUE placards so RESIDUE placards for combustible liquids would not be confused with other RESIDUE placards (especially the FLAMMABLE RESIDUE placard). RSPA does not believe that taking such action is necessary because the bottom triangle of the COMBUSTIBLE RESIDUE placard will always be white with the word "RESIDUE" in black letters. The bottom triangle of the other RESIDUE placards (including the FLAMMABLE RESIDUE placard) will be black with the word "RESIDUE" in white letters. With these differences, there should not be any confusion between the COMBUSTIBLE RESIDUE placard and the other RESIDUE placards. Therefore, no change has been made to the
COMBUSTIBLE RESIDUE placard that
was proposed in the notice. It use is required on tank cars which contain the residues of combustible liquids.
The Norfolk Southern Corporation and the Association of American Railroads contended that in the past
tank cars which contained residues of combustible liquids required no placards. RSPA diagrees. Prior to the
promulgation of HM-180. tank cars containing combustible liquids were required to be placarded with
COMBUSTIBLE placards and shipping papers were required. When unloaded, these tank cars were still required to
display COMBUSTIBLE placards and have accompanying shipping papers. This is supported by the provisions of both 172.510(c) and 174.25(c). These sections prohibited the display of EMPTY placards on tank cars which contain only the residue of a combustible liquid and prohibited the used of the words "Empty" or "Empty: Last Contained" on the shipping papers of those tank cars which last contained combustible liquids. These sections did not state that the use of COMBUSTIBLE placards and shipping papers were no longer required. RSPA understands that the rail industry may have interpreted these exceptions to imply that no placards or shipping papers were required for unloaded (empty) tank cars which last contained combustible liquids. This interpretation was incorrect. RSPA finds nothing in the regulations or the administrative record which indicates that tank cars which contain combustible liquid residues are currently excepted from the requirements to have shipping papers and to display the COMBUSTIBLE placards required by 172.504 (see also 173.118a). Nevertheless, to promote consistency in the regulations and to enhance safety, the requirements contained in this rule specify that a tank car which contains the residue of a combustible liquid must have shipping papers and the basic description on the shipping papers must include the words "RESIDUE: Last Contained". Further, tank cars which contain combustible liquid residue must display RESIDUE placards.
Mandatory Compliance Date
Several commenters requested that RSPA extend for one year the mandatory compliance date for the rules promulgated in HM-180. Specifically, the Norfolk Southern Corporation urged RSPA to defer all of the RESIDUE placard requirements and corollary shipping paper requirements. They stated that this extension was needed because of the uncertainty as to the
status of the RESIDUE placarding
requirements until the issuance of the March 17,1986 notice, the possible creation and issuance of a new, more unique COMBUSTIBLE RESIDUE placard, and the change that must be made to the size of the lettering of the
word "RESIDUE" on the RESIDUE placard. They also stated that this extension was needed to allow ample
time for training and compliance planning.
RSPA believes that delaying the effective date of the rule for one year ,s unnecessary. The only change being made to shipping papers by the rule other than changing the word "empty" to "residue", is that 174.25(c) now requires the shipping papers (billing) for tank cars which contain the residue of a combustible liquid to contain the words "RESIDUE: Last contained ",
Previously. 174.25(c) did not require the shipping paper (billing) for tank cars containing combustible liquid residue to show the words "Empty" or "Empty: Last Contained:". As we have previously stated, there has always been a requirement for shipping papers to accompany all tank cars which contain residues. Further, RSPA does not believe there is a need to establish a more unique COMBUSTIBLE RESIDUE placard. Regarding the change being ; made to the specification (size) of the word "RESIDUE" on the placard. RSPA believes adequate time (more than a year) is being provided for depletion of . on-hand stocks of RESIDUE placards with 1 Vs inch lettering and procurement of new placards. Although changes are being made to the definition of "residue'' by eliminating the quantitative levels specified, this new definition should not impose any additional operational requirements on shippers and carriers. In addition, RSPA believes that providing a grace period of one year before the mandatory compliance date of July 1,1986 provides ample time for shippers and carriers to deplete their on hand stocks of RESIDUE placards with IV2 inch lettering. Therefore, the amendments contained in this rule are effective October 1,1986. However, compliance with the regulations as amended herein is authorized immediately. Use of RESIDUE placards with lVa inch lettering is authorized until
July 1,1987.
Subsidiary Risk Placard
RSPA also received two comments which stated that the subsidiary risk placard should not be reversed to a RESIDUE placard when a tank car is unloaded. In effect, both commenters believed that the ability to communicate
the hazard of inhalation toxicity would be lost by subjecting materials regulated under HM-196 to the residue placarding requirements of HM-180. One of these commenters pointed out that it would be possible to use permanent adhesive placards for the supplementary POISON
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23078 Federal Register / Vol. 51, No. 122 / Wednesday, June 25. 1986 / Rules and Regulations
placards if these placards permanently read POISON. It was stated that if the supplementary placards are required to be changed or reversed to RESIDUE placards, it will be necessary to install additional placard holders. Both
commenters stressed how important it is to communicate the unique hazard of materials which exhibit an inhalation toxicity hazard ( 173.3a).
RSPA believes that the subsidiary risk placard required by 172.505 should be reversed or changed to a RESIDUE placard when a tank car has been unloaded and only contains residue. This will communicate with greater certainty the fact that only the residue of a material remains in the tank car and will ensure that the RESIDUE placard requirements for all materials remain consistent.
III. Review by Sections
1. Section 171.8 is revised by amending the definition of "residue". The definition, as amended, does not specify quantitatively the amount of hazardous material residue which may remain in a tank car placarded with RESIDUE placards.
2. Paragraph (c) of 172.334 is revised to prohibit the display of an identification number marking on a subsidiary placard.
3. The first sentence of footnote 4 to Table 2 of 172.504 is reinstated as it appeared prior to Amendment No. 17298 and the second sentence of footnote 4 is removed so that a RESIDUE placard must be displayed on a tank car which contains the residue of a combustible liquid.
4. The exception provided for combustible liquid residues in paragraph (c)(1) of 172.510 is removed for consistency. Tank cars which contain residue of a combustible liquid are now required to display RESIDUE placards. For clarity, paragraphs (c)(2) and (c)(3) are redesignated as (c)(1) and (c)(2).
5. Paragraphs (a)(1) of 172.525 and (c)(10) of Appendix B to Part 172 are revised by changing the size of the letters in the word "RESIDUE" on the placard from l'/g inches (40mm) to 1 inch (25mm).
6. Paragraph (a)(2) of 172.525 is revised to authorize identification numbers to be displayed on RESIDUE placards or on orange panels in association with RESIDUE placards.
7. The first sentence which follows paragraph (a)(2) of 172.525 is amended to include a reference to 172.544 so that a reference is provided to the COMBUSTIBLE placard. Also, the
entences which follow paragraph (a)(2) and precede paragraph (b) of 172.525
are codified and designated as a new paragraph (a)(4).
8. Paragraph (a)(3) is added to 172.525 and requires the lower triangle of the RESIDUE placard for combustible liquid residues to be white and the word "RESIDUE" to be shown in black letters on the COMBUSTIBLE-RESIDUE placard.
9. Section 174.25 is revised for clarification.
10. Section 174.93 is revised to except tank cars which contain combustible liquid residue from the train placement requirements.
IV. Administrative Notice
A. Executive Order 12291. MTB has determined the affect of this final rule will not meet the criteria specified in section 1(b) of Executive Order 12291 and is, therefore, not a major rule. This rule is not considered to be a significant rule under DOT regulatory procedures [44 FR 11034] and requires neither a Regulatory Impact Analysis, nor an Environmental Impact Statement under the National Environmental Policy Act (49 U.S.C. 4321 et seq.}.
B. Information Collection. No change in information collection is anticipated as a result of this rulemaking.
C. Impact on Small Entities. Based on limited information concerning size and nature of entities likely to be affected. I certify this final rule will not, as promulgated have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
List of Subjects
49 CFR Part 171
Hazardous materials transportation. Definitions.
49 CFR Part 172
Hazardous materials transportation. Placarding.
49 CFR Part 174
Hazardous materials transportation. Railroad safety.
Rules and Regulations
In consideration of the foregoing, Parts 171,172 and 174 of Title 49 Code of Federal Regulations are amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS AND DEFINITIONS
1. The authority citation for Part 171 is revised to read as follows:
Authority: 49 U.S.C. 1802,1803.1804.1808; 49 CFR Pari l, unless otherwise noted.
2. In 171.8 the definition of "residue" is revised to read as follows;
171.8 Definition and Abbreviations. * **
"Residue" means the hazardous material remaining in a packaging, including a tank car. after its contents have been unloaded to the maximum extent practicable and before the packaging is either refilled or cleaned of hazardous material and purged to remove any hazardous vapors.
PART 172--HAZARDOUS MATERIALS TABLES AND HAZARDOUS MATERIALS COMMUNICATIONS REGULATIONS
3. The authority citation for Part 172 is revised to read as follows:
Authority: 49 U.S.C. 1803,1804.1805, 1808; 49 CFR Pari 1, unless otherwise noted.
4. In 172.334. paragraph (c) is revised as follows:
172.334 Identification numbers; prohibited display. *****
(c) Except as required by 172.332(c)(4) fora combustible liquid, the identification number of a material may be displayed only on the placards required by the tables in 172.504. *****
5. In 172.504, Footnote 4 to Table 2 is revised to read as follows:
172.504 General placarding requirements.
Table 2 * *
A FLAMMABLE placard may be usud on a cargo tank or portable tank during transportation by highway, rail or water, and on a compartmented tank car containing materials classed as flammable liquid and combustible liquid.
6. In 172.510. paragraph (c)(1) is removed and paragraphs (c)(2) and (c)(3) are redesignated as (c)(1) and (c)(2) and read as follows:
172.510 Special placarding provisions: Rail. *****
(c) * ' * (1) Is reloaded with a material requiring no placards or different placards; or (2) Is sufficently cleaned of residue and purged of vapor to remove any potential hazard. *****
7. In 172.525, paragraph (a) is revised to read as follows:
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Federal Register / Vol. 51. No. 122 / Wednesday, June 25. 1986 / Rules and Regulations 23079
172.525 Standard requirements lor the RESIDUE placard.
(a) Each RESIDUE placard must be as
follows:
(1) Except as provided in paragraph
(a)(3) of this section, the lower triangle
of the RESIDUE placard must be black
and the word "RESIDUE" must be in
white letters approximately 1 inch
(25mm) high, made with approximately
V* inch (6mm) stroke. Use of RESIDUE placards displaying the word
"RESIDUE" in ll/s inch lettering is
\
authorized until July 1,1987.
(2) Except for the POISON GAS.
'
RADIOACTIVE. EXPLOSIVES, or subsidiary placard required by 172.505. the RESIDUE placard may be used to display the appropriate identification number in accordance with the provisions of Subpart D of this part.
(3) For a combustible liquid residue. , the lower triangle of the RESIDUE placard must be white and the word "RESIDUE" must be in black letters.
(4) Otherwise, the RESIDUE placard must be as specified in 172.519 and Appendix B to this Part, and 172.528. 172.530.172.532.172.536.171.540.172.542, 172.544. 172.546. 172.548, 172.550. 172.552, 172.554 and 172.558. as appropriate for the residue of the hazardous material being transported and required by this subchapter to be placarded. No other placard may be used as a RESIDUE placard.
Appendix B to Part 172--(Amended!
8. Paragraph (c){10) of Appendix B to Part 172 is amended by changing the reference to the size of the letters in the woid "RESIDUE" in the placard from IV2 inches (40mm) to 1 inch (25mm).
PART 174--CARRIAGE BY RAIL
9. The authority citation for Part 174 is revised to read as follows:
Authority: 49 U.S C. 1803.1804,1805.1808: 49 CFR Part 1, unless otherwise noted.
10. In 174.25, the last entry in the table which follows paragraph (a)(2)(ii) is removed, the following two entries are added to the end of the table, and paragraph (c) is revised to read as follows:
174.25 Additional information on waybills, switching orders and other billings.
(a) * * *
Hazardous material or class
Placard notation
Placard endorsement
Tank car9 which contain a residue at a hazardous material oilier than a combustible liquid.
Tank cars which contain a residue of a combusiibla
liquid.
See Sec. 174 25(c(........ Dangerous. See Sec. 174.25(0........ None.
(c) The shipping paper for a tank car that contains only the residue of a hazardous material must contain the words "RESIDUE: Last Contained followed by the basic description of the hazardous material last contained in the tank car and the placard notation specified in the second column of the table in paragraph (a)(2) of this section followed by the word "RESIDUE". For example, "RESIDUE: Last Contained Petroleum Naptha, Combustible liquid. UN 1255, Placarded: COMBUSTIBLE--RESIDUE". For a tank car that contains a residue that is a hazardous substance, the letters "RQ" must also be entered on the shipping paper cither before or after the basic description.
11. Section 174.93 is revised to read as follows:
174.93 Position in train of a tank car displaying RESIDUE placards.
Except for a tank car placarded COMBUSTIBLE--RESIDUE, a tank car displaying RESIDUE placards in a moving or standing train may not be placed nearer than the second car from an engine or occupied caboose.
Issued in Washington. DC. on June 18.19B6, under the authority delegated in 49 CFR Part 106, Appendix A. M. Cynthia Douglass, Administrator. [FR Doc. 86-14276 Filed 6-24-86; 8:45 am|
BILLING CODE 4910-60-M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 611 and 675
[Docket NO. 60598-6098]
Foreign Fishing, Groundfish of the Bering Sea and Aleutian Islands Area; Corrections
AGENCY: National Marine Fisheries Service (NMFS). NOAA. Commerce. ACTION: Emergency interim rule; corrections.
SUMMARY: This document corrects several typographical errors and incorrect references in the preamble and
the regulatory text of the emergency interim rule that establishes closed areas in the domestic and foreign groundfish fisheries and establishes
prohibited species catch limits for certain crab species in the Bering Sea and Aleutian Islands area published June 6.1986. 51 FR 20652.
FOR FURTHER INFORMATION CONTACT: Jay J.C. Ginter (Resource Management
Specialist), 907-586-7229. The following typographical
corrections are made in the preamble for FR Doc. 88-12774 appearing on page 20654 in the issue of June 6,1986:
1. In column 2 under the heading "C. Bairdi Tanner Crabs'', line 22, "5.0 million pounds" is corrected to "4.0 million pounds".
2. In column 2 under the heading "Red King Crabs", line 5. "50 percent" is corrected to "58 percent".
The following corrections in FR Doc. 8&-12774 are also made:
611.93 {Corrected]
In 611.93(c)(2)(ii)(G). page 20655.
column 3. both references to " 675.21(a)" are corrected to read
" 675.21(b)".
^
675.7 [Corrected)
In amendatory instruction 4. page 20657, column 1, both expiration dates "September 4.1986" are corrected to "September 2,1986".
Dated: June 20,1986. William G. Gordon, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 66-14306 Filed 6-20-86; 6:45 amj
BILLING CODE 3510-22-M
50 CFR Paris 611 and 675
{Docket No. 60590-6098]
Groundfish of the Bering Sea and Aleutian Islands Area
agency: National Marine Fisheries Service (NMFS) NOAA. Commerce. action: Notice of closure.
summary: The Director. Alaska Region, NMFS (Regional Director), has determined that vessels of the United States have caught the prohibited species catch (PSC) limits of 80.000 C. bairdi Tanner crabs and 135,000 red king crabs while conducting directed Fishing for yellowfin sole and "other flatfish" in the Bering Sea subarea south of 58*00' N. latitude and east of 165*00' W. longitude (Zone 1). Therefore, further directed
VVV 000015357
TO: D. A. Kuhn
Interoffice Communication
FROM: DATE:
SUBJ:
T. G. Grumbles July 11, 1986
PROGRESS REPORT FOR THE WEEK ENDING JULY 11, 1986
VIST?
1. Attended a meeting with Conoco and Geraghty & Miller to review the work plan for Phase III of the groundwater investigation at the LCCC.
2. Held a meeting in Ponca City to finalize the VMC-100 registration package for EPA submittal.
3. We have been told that Regions IV & VI have promulgated a final NPDES permit document for offshore drilling operations in the Gulf Coast. It is believed to be substantially similar to the last draft in that numerical toxicity limitations are set for drilling fluids and diesel emissions from rigs is banned. This action could improve the markets for low toxicity drilling fluids such as Vista's ODC.
4. Met with Engineering to discuss the incorporation of equipment standards required by various environmental regulations into the Engineering Standards.
5. Finalized a computer program to search daily order entries for new customers and old customers purchasing new products so that MSDSs can be sent in a timely manner.
6. Worked with R&D to develop a means for compliance with the R&D exemption requirements under TSCA.
Thomas G. Grumbles ajo/9
VVV 000015358
TO: D. A. Kuhn
Interoffice Communication
FROM: DATE:
SUBJ:
T. G. Grumbles August 1, 1986
PROGRESS REPORT FOR THE WEEK ENDING AUGUST 1, 1986
VIST/
1. Met with REL to review current status of the LC solid waste sites closure order and Conoco's position on the issue of retained liabilities under the APA. A course of action was decided on to resolve the issue.
2. Attended a CMA Air Toxics Policy coordinators meeting. Based on Information obtained at the meeting we will be reviewing the need for Vista to establish a formal program.
3. The department made presentations at the Terminal Managers
meeting.
Topics covered included environmental regs
potentially impacting terminal operations, specific spill
reporting requirements, and proposed HAZ MAT driver training
requirements.
4. Worked with LCVCM to prepare an if-asked statement on an EDC release.
5. Baltimore plant personnel met with Maryland officials regarding a leak from the plant sewer system. The State will issue an order mandating the plant to develop a schedule to assess the condition of plant sewers and repair as necessary. The plant will also be ordered to develop a schedule and implement a program to assess groundwater contamination under the plant and remediate as appropriate. We are coordinating all activity with DuPont.
6. Developed financial responsibility documents for the Lake Charles Solid Waste permit.
7. Met with LCVCM.
EPA to negotiate wastewater permits at LCCP and
8. Issued final Alcohol Plant Environmental Audit report.
9. EPA finalized their rules for hazardous waste storage tanks. All new hazardous waste storage must have secondary containment before going into service. Existing hazardous waste tanks must be retrofit with secondary containment on a phased schedule depending on the age of the tank.
10. Oklahoma is holding hearings on an air toxics rule to regulate emissions of specific organics. It appears VCM is exempt from the rule since it is already regulated. The plant is following developments.
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D. A. Kuhn Page 2 August 1, 1986 11. Researched pesticide regulations to determine if LPA Solvent
could be used as a diluent in a pesticide applied to chicken houses. 12. Provided information to Baltimore Transport Terminal on the return of muriatic cars pressurized. 13. Held a meeting to discuss the issue of providing training on muriatic acid handling to Vista's distributors. An action plan was developed.
Thomas G. Grumbles ajo/9
VVV 000015360